EQUIPMENT RENTAL AGREEMENT & LIABILITY WAIVER
PLEASE READ CAREFULLY BEFORE SIGNING. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY, ASSUMPTION OF RISK, PAYMENT CARD AUTHORIZATION, AND FINANCIAL RESPONSIBILITY TERMS.
This Agreement is entered into on this day of September 9, 2026.
Lessor: Gearonimo Sports Inc. 1401 South 8th Street, Colorado Springs, CO 80905
Lessee: The adult customer signing this Agreement. If rental Equipment is issued for a minor, the signing parent or legal guardian signs for themselves and on behalf of the minor participant.
1. Rental Equipment and Rental Record - This Agreement applies to all rental equipment issued by Gearonimo Sports to Lessee or to any minor participant listed on this waiver, whether the specific equipment is selected before or after this Agreement is signed. - The rental equipment may include skis, ski boots, snowboards, snowboard boots, ski bindings, snowboard bindings, ski poles, and related parts or accessories. These items are referred to in this Agreement as "Equipment". - Gearonimo Sports may record the Equipment issued, including package type, item description, size, identification number, serial number, barcode, condition, checkout date, return date, and return status, in its rental records, customer account records, order records, Smartwaiver records, Square records, Shopify records, or other business records. - Lessee agrees that Gearonimo Sports' rental records identify the Equipment covered by this Agreement and may be used to determine what was issued, returned, damaged, missing, purchased, or not returned.
2. Term - Season rentals run from October 1 through May 31. - The rental period begins when Equipment is issued to Lessee and ends when all Equipment is returned to Gearonimo Sports, inspected, and marked returned by Gearonimo Sports. - All Equipment must be returned by May 31 of the current rental season unless Gearonimo Sports approves a purchase or written extension. - Additional charges may apply if Equipment is returned late, damaged, incomplete, destroyed, unrepairable, missing, or not returned.
3. Rental Fees & No Deposit - Season rental prices are $125 for adult ski or snowboard packages for ages 10 and up, and $85 for ski or snowboard packages for ages 9 and under, plus applicable sales tax and any optional add-ons. - No refundable rental deposit is charged. - Optional Damage Protection may be purchased at checkout for $35. Damage Protection is optional and non-refundable once purchased. - Damage Protection applies only if it appears as a purchased line item on Lessee's receipt, order, invoice, or customer account for the rental transaction. - Payment is due before Lessee takes possession of the Equipment. - If Lessee wants to keep the rental setup after the season, Gearonimo Sports may allow Lessee to purchase the setup for an additional $100, subject to Gearonimo Sports approval.
4. Payment Card on File and Charge Authorization - Lessee agrees to provide a valid payment card on file before taking possession of the Equipment. - Lessee authorizes Gearonimo Sports and its payment processor to securely store the payment card and to charge that card for amounts owed under this Agreement. - Authorized charges may include unpaid rental fees, taxes, optional Damage Protection, approved purchase or buyout amounts, late fees, repair charges, damage charges subject to the damage cap where the cap applies, missing item charges, replacement value, collection costs, and any other amounts owed under this Agreement to the fullest extent allowed by law. - Lessee understands that charges may be made after the initial rental transaction, after return inspection, after the May 31 return deadline, or when Gearonimo Sports discovers damage, missing Equipment, incomplete return, non-return, or other amounts owed. - A card on file is not a deposit and is not a hold. No funds are reserved unless a charge is processed. - If a card on file is declined, expired, removed, disputed, or no longer valid, Lessee remains responsible for all amounts owed and agrees to provide a valid payment method upon request. - Gearonimo Sports does not store Lessee's full card number. Card information is stored and processed by Gearonimo Sports' payment processor.
5. Inspection, Acceptance, and Equipment Use - Lessee has the opportunity to inspect the Equipment before leaving Gearonimo Sports and agrees to notify Gearonimo Sports staff of any concern before taking the Equipment. - By taking possession of the Equipment, Lessee accepts the Equipment as issued and agrees that it appears to be in usable rental condition unless otherwise noted by Gearonimo Sports. - Lessee agrees to use the Equipment only for skiing or snowboarding and only in a safe, lawful, and responsible manner. - Lessee agrees to use the Equipment only in areas where skiing or snowboarding is permitted. - Lessee agrees not to modify, repair, alter, mount, remount, adjust, or tamper with the Equipment, bindings, boots, or any component unless approved by Gearonimo Sports. - Lessee agrees not to loan, rent, sell, transfer, pledge, abandon, or give the Equipment to any other person.
6. Care, Damage, Loss, and $300 Damage Cap - Lessee accepts full responsibility for the care, custody, control, storage, transport, use, and return of the Equipment from the time it leaves Gearonimo Sports until it is returned, inspected, and marked returned by Gearonimo Sports. - Normal wear and tear from ordinary skiing or snowboarding use is expected and is not charged. - Lessee is responsible for damage beyond normal wear and tear unless the damage is covered by the optional Damage Protection plan described below. - For returned Equipment with damage beyond normal wear and tear that is not covered by Damage Protection, Lessee may be charged up to $300 per rental package for physical damage to the Equipment. - The $300 damage cap applies only to damage charges for returned Equipment. It does not apply to Equipment or parts that are lost, stolen, missing, abandoned, destroyed, unrepairable, incomplete, or not returned. - Lost, stolen, missing, abandoned, destroyed, unrepairable, incomplete, or unreturned Equipment or parts may be charged at full retail value, replacement value, or reasonable replacement cost, as determined by Gearonimo Sports. - Gearonimo Sports has the right, in its reasonable judgment, to inspect the Equipment and determine whether any damage, loss, missing item, repair, replacement, return issue, or additional charge is required.
7. Optional Damage Protection Plan - If Lessee chooses to purchase the optional $35 Damage Protection plan at checkout, Lessee agrees to the terms in this section. - Damage Protection applies only if it appears as a purchased line item on Lessee's receipt, order, invoice, or customer account for the rental transaction. - Damage Protection covers repairable damage beyond normal wear and tear to the rented Equipment, as determined by Gearonimo Sports. - Damage Protection does not cover lost, stolen, missing, abandoned, destroyed, unrepairable, incomplete, or unreturned Equipment or parts. - Damage Protection does not cover misuse, abuse, intentional damage, reckless use, unauthorized repair, unauthorized adjustment, unauthorized modification, damage caused by use outside ordinary skiing or snowboarding, or any condition Gearonimo Sports determines is not normal repairable rental damage. - Any damage or condition not covered by Damage Protection may be charged to Lessee at Gearonimo Sports' reasonable determination, subject to the $300 damage cap only where that cap applies. - Lost, stolen, missing, abandoned, destroyed, unrepairable, incomplete, or unreturned Equipment or parts are not limited by the $300 damage cap and may be charged at full retail value, replacement value, or reasonable replacement cost. - Damage Protection is optional, non-refundable once purchased, and is not insurance. - Damage Protection does not remove Lessee's obligation to return all Equipment on time and in complete form.
8. Ownership - All Equipment remains the property of Gearonimo Sports unless Gearonimo Sports approves a purchase or buyout and payment is completed. - Lessee has no ownership interest in the Equipment during the rental period. - Lessee may not sell, trade, pawn, pledge, abandon, give away, or otherwise dispose of the Equipment.
9. Return of Equipment - Lessee agrees to return all Equipment by May 31 of the current rental season unless Gearonimo Sports approves a written extension or purchase. - Equipment must be returned directly to Gearonimo Sports during normal business hours. - A return is not complete until all Equipment issued under the rental record has been returned, inspected, and marked returned by Gearonimo Sports. - Gearonimo Sports may charge Lessee for late returns, missing items, incomplete returns, repair charges, damage charges subject to the damage cap where the cap applies, replacement value for lost or unreturned Equipment, and other amounts owed under this Agreement. - If Lessee wants to keep the rental setup after the season, Gearonimo Sports may allow Lessee to purchase the setup for an additional $100, subject to Gearonimo Sports approval.
10. Ski Binding Settings, Snowboard Setup, and Fit Information - Lessee agrees to provide accurate height, weight, age, skier type, ability level, boot sole length, boot fit information, stance information, and any other information requested by Gearonimo Sports. - Lessee understands that inaccurate or incomplete information may affect binding settings, snowboard setup, Equipment performance, and risk of injury. - Lessee understands that ski bindings and snowboard equipment cannot guarantee safety, prevent injury, or guarantee release or retention in every circumstance. - Lessee agrees not to adjust ski bindings, snowboard bindings, boots, stance, mounting, or any Equipment component unless approved by Gearonimo Sports.
11. Assumption of Risk - Lessee understands that skiing, snowboarding, and related activities are hazardous and involve inherent and other risks that may cause property damage, serious injury, permanent disability, paralysis, or death. - Risks include, but are not limited to, falls, collisions, changing weather, changing snow conditions, ice, hard pack, powder, bare spots, rocks, trees, stumps, terrain variations, cliffs, freestyle terrain, jumps, roads, catwalks, lift use, other skiers or snowboarders, failure to ski or ride within one's abilities, equipment failure, binding release or non-release, improper use, improper fit, and the actions or omissions of other people. - Lessee voluntarily accepts and assumes all risks associated with renting, transporting, storing, possessing, using, and returning the Equipment. - If Equipment is rented for a minor, the signing parent or legal guardian accepts and assumes these risks for themselves and, to the fullest extent allowed by Colorado law, on behalf of the minor participant.
12. Release of Liability - In consideration of being allowed to rent and use the Equipment, Lessee releases, waives, and agrees not to sue Gearonimo Sports Inc., its owners, officers, employees, agents, representatives, contractors, insurers, successors, and assigns, collectively the "Released Parties", for claims, demands, causes of action, liabilities, damages, losses, injuries, death, costs, or expenses arising from or related to the rental, selection, fitting, adjustment, maintenance, inspection, recommendation, possession, transport, storage, use, or return of the Equipment. - This release includes claims arising from the ordinary negligence of the Released Parties, including ordinary negligence related to Equipment selection, fitting, adjustment, maintenance, inspection, instruction, recommendation, warnings, or failure to warn, to the fullest extent allowed by Colorado law. - This Agreement does not release claims that cannot legally be released under Colorado law, including claims for willful and wanton conduct, reckless conduct, or grossly negligent conduct. - If Equipment is rented for a minor, the signing parent or legal guardian releases and waives the minor participant's prospective negligence claims to the fullest extent allowed by Colorado law. - Lessee understands that by signing this Agreement, Lessee is giving up important legal rights, including the right to bring certain negligence claims against the Released Parties.
13. Indemnification - Lessee agrees to indemnify, defend, and hold harmless the Released Parties from claims, demands, causes of action, liabilities, damages, losses, injuries, death, costs, collection costs, and reasonable attorney fees arising from or related to Lessee's or any minor participant's rental, possession, transport, storage, use, misuse, damage, loss, theft, non-return, or late return of the Equipment, or breach of this Agreement, to the fullest extent allowed by law. - If Equipment is rented for a minor, the signing parent or legal guardian agrees to indemnify the Released Parties for claims brought by or on behalf of the minor participant to the fullest extent allowed by Colorado law.
14. Minors, Parent or Guardian Authority, and Informed Consent - A person under 18 years of age may not sign this Agreement for themselves. - If Equipment is issued for a minor, the signing adult represents that they are the minor's parent, legal guardian, or other person legally authorized to sign for the minor. - The signing adult agrees to be financially responsible for the minor's Equipment and for all amounts owed under this Agreement. - The signing adult acknowledges that they have read this Agreement, understand the risks and legal rights being released, have had the opportunity to ask questions, and are making a voluntary and informed decision for themselves and for the minor participant.
15. Electronic Signature and Records - Lessee consents to use of an electronic signature and electronic records for this Agreement. - Lessee agrees that their electronic signature has the same legal effect as an original handwritten signature. - Lessee may request a paper copy of this Agreement.
16. Default and Collection - Lessee will be in default if Lessee fails to return Equipment on time, fails to return all Equipment, fails to pay amounts owed, provides false or incomplete information, allows unauthorized use of the Equipment, disputes an authorized charge without a good-faith basis, or breaches any term of this Agreement. - Upon default, Gearonimo Sports may charge the card on file, seek payment, pursue collection, recover costs and reasonable attorney fees where allowed by law, and take any other action permitted by law. - Charges under this Agreement are intended to compensate Gearonimo Sports for unpaid amounts, repair costs, replacement costs, lost Equipment, loss of use, administrative time, and collection costs. They are not intended as a penalty.
17. Governing Law and Venue - This Agreement is governed by the laws of the State of Colorado. - Any dispute arising from or related to this Agreement shall be handled in a court of competent jurisdiction in El Paso County, Colorado, unless otherwise required by law.
18. Entire Agreement and Severability - This Agreement, together with Gearonimo Sports' rental records, customer records, orders, receipts, invoices, and written extensions or purchase approvals, represents the full agreement between Lessee and Gearonimo Sports regarding the Equipment. - No oral statement or promise modifies this Agreement unless confirmed in writing by Gearonimo Sports. - If any part of this Agreement is found unenforceable, that part shall be limited or severed to the minimum extent necessary, and the remaining parts shall remain in effect.
19. Notice to Lessee - Do not sign this Agreement unless you have read and understand it. - Lessee acknowledges that they had the opportunity to ask questions before signing and that no one forced Lessee to sign this Agreement. - Lessee may decline to rent Equipment from Gearonimo Sports if Lessee does not agree to these terms. - By signing, Lessee acknowledges that Lessee is accepting financial responsibility for the Equipment, authorizing charges to the card on file when allowed under this Agreement, assuming risks, and releasing certain legal rights.
Today's Date: September 9, 2026 | 